THARMABALAN A/L RAMASAMY

THARMABALAN A/L RAMASAMY

Court held prosecution proved a prima facie case and, on full consideration of prosecution and defence evidence, found accused's explanations to be unreliable; toxicology, scene evidence and post-mortem established that accused drove under influence, lost control and caused the victim's death; defence failed to raise reasonable doubt — accused convicted under s.44(1)(a) Road Transport Act 1987 and sentenced.

Citation
WA-83-6827-09/2020 (Mahkamah Majistret)
Parties
Prosecution: PENDAKWA RAYA; Defendant: THARMABALAN A/L RAMASAMY
Court
Magistrates' Court
Jurisdiction
Malaysia
Judgment Date
23 February 2023
Case Number
WA-83-6827-09/2020 (Mahkamah Majistret)
Procedural Posture
Criminal / Trial — Conviction and Sentencing
Outcome
guilty; convicted and sentenced
Legal Topics
Driving Under the Influence, Causing Death by Driving, Toxicology Evidence, Prima Facie and Defence Burden, Suspension of Sentence Pending Appeal
Source Language
Malay/English
Criminal Law Road Traffic Law Evidence Law Driving Under the Influence Causing Death by Driving Toxicology Evidence Prima Facie and Defence Burden Suspension of Sentence Pending Appeal

Case Brief

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Parties

PENDAKWA RAYA

Prosecution

THARMABALAN A/L RAMASAMY

Defendant

Procedural Posture

Criminal / Trial — Conviction and Sentencing

Legal Issues

  1. 1 Whether the accused drove under the influence of alcohol
  2. 2 Whether the intoxication caused inability to control the vehicle
  3. 3 Whether the prosecution proved causation of the victim's death and established a prima facie case

Ratio Decidendi

Court held prosecution proved a prima facie case and, on full consideration of prosecution and defence evidence, found accused's explanations to be unreliable; toxicology, scene evidence and post-mortem established that accused drove under influence, lost control and caused the victim's death; defence failed to raise reasonable doubt — accused convicted under s.44(1)(a) Road Transport Act 1987 and sentenced.

Court Disposition

guilty; convicted and sentenced

Orders

  • Imprisonment for 3 years from date of conviction
  • Fine of RM 12,000.00; in default 6 months imprisonment